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MORENCY v. HORIZON TRANSP. SERVS., INC.

2014-03909, 2014-09917, Index No. 26609/10.

139 A.D.3d 1021 (2016)

33 N.Y.S.3d 319

2016 NY Slip Op 04029

MARIE CLAUDE MORENCY, by Her Guardian ad Litem, MIRIAM MORENCY, et al., Appellants, v. HORIZON TRANSPORTATION SERVICES, INC., et al., Defendants/Third-Party Plaintiffs-Respondents. BHRAGS HOME CARE, CORP., et al., Third-Party Defendants-Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 25, 2016.

Ordered that the appeal from the order dated December 13, 2013, is dismissed; and it is further,

Ordered that the judgment is reversed, on the law, on the facts, and in the exercise of discretion, that branch of the plaintiffs' motion which was pursuant to CPLR 4404 (a) to set aside the verdict in the interest of justice and for a new trial is granted, the complaint is reinstated, the order dated December 13, 2013, is modified accordingly, and the matter is remitted...

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